Justia Lawyer Rating
Super Lawyers Badge
Avvo Badge
Massachusetts Bar Association
Top-Rated Lawyer


Possession of Cocaine Penalties

Under G.L. c. 94C, §34, knowingly or intentionally possessing cocaine in Massachusetts is a criminal offense. Cocaine is considered a Class B substance in Massachusetts as well as- Crack, LSD, Ecstasy and Oxycodone (OxyContin). If this is an individual’s first offense, the sentence may be up to a year imprisonment or an one thousand ($1,000) dollar fine, or both.

However, if the person has been charged with possession of cocaine- second offense, the penalties are much greater. For possession of cocaine-second offense, the sentence imposed may be up to two (2) years in the house of correction or a two thousand ($2,000) dollar fine, or both.

Also, depending on the circumstances of the arrest, an individual may face more severe charges than simply mere possession of cocaine. These charges can include drug possession with intent to distribute or distribution or even Cocaine Trafficking. If you are an individual that has been arrested and the police have found any amount of cocaine in their possession, the prosecution and the police take that situation extremely seriously. Because of the serious nature of these charges, and the substantial punishment which go along with these charges, it is essential for you or a loved one to contact Massachusetts Cocaine Possession Attorney Stephen Neyman immediately.

Cocaine Overdose Laws in Massachusetts

It is important to know some additional laws which correspond with the cocaine possession law in Massachusetts. For example, G. L. c. 94C, § 34A, allows individuals either experiencing a drug overdose or observing someone experiencing a drug overdose to be immune from drug possession charges.

Under subsection (a) of Section 34A, a person, who in good faith, seeks medical attention for an individual experiencing a drug overdose is prohibited from being charged for possession of that drug if it was found due to the person seeking medical attention for another. Additionally, under subsection (b), if a person themselves are seeking medical attention for consuming a controlled substance, they cannot be prosecuted either for evidence gained from the overdose or from asking for medical attention. Furthermore, the simple act of seeking medical assistance for someone experiencing a drug overdose can be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act. A Boston Cocaine Possession Lawyer is necessary to protect yourself and the ones you love from the impact that an arrest for possession of cocaine could have.

Cocaine Child Protective Custody Law

Under G. L. c. 94 C, § 36, if a police officer finds a child under the age of eighteen (18) present and the officer reasonably believes a Class A, B, or C substance is present, including cocaine, and the officer reasonably believes the child knew the illegal substance was there, the police officer is allowed to take the child into protective custody. The officer is only allowed to take the child into protective custody for up to four (4) hours and is required to attempt to make contact with the child’s parent or legal guardians. If a child was taken into protective custody they would not be criminally liable for any purpose. Possession of cocaine is taken extremely seriously in Massachusetts and can negatively impact families is various ways which is why it is essential to contact Cocaine Possession Attorney in Boston right away.

Defending a Cocaine Possession Charge

The quality, experience and knowledge of the criminal defense attorney you pick to represent you in court will have a significant impact on what happens as a result of the arrest. A lawyer who knows how the system works is your best defense.

For first time offenders, an arrest for possession of cocaine can be resolved without a prison sentence and without a criminal record. Second and subsequent offenders for possession of cocaine need strong representation to manage their situation and negotiate the sentencing process. The experienced Cocaine Possession Lawyer in Massachusetts- Stephen Neyman, aggressively defends his client against all charges, questions every aspect of the arrest, battles to have charges reduced, and works vigorously to protect the client’s rights. Don’t delay in calling Attorney Stephen Neyman 617-263-6800 immediately or click here to send an email. He will return your call or respond with an email promptly, no matter what time of day it is.